Tharos Laboratories Protects Intellectual Property, Files Cease and Desist Against Sepracor, Inc. (Makers of Lunesta)
Tharos Laboratories, Inc. Files Cease and Desist Against Sepracor, Inc. (makers of Lunesta®). United States District Court, District of Utah, Salt Lake City Division, (Case No. 2:06CV00757).
(PRWEB) September 25, 2006 -- Tharos Laboratories, Inc. has filed a lawsuit in Federal Court in Salt Lake City, Utah against Sepracor, Inc. of Boston, Massachusetts, directed to protect Tharos intellectual property.
Alleged in the Complaint dated September 7, 2006 are claims of trademark infringement, false designation of origin and dilution arising under the Lanham (Trademark) Act of 1946, violations of the Deceptive and Unfair Trade Practices Act, and common law unfair competition and trademark infringement. The complaint alleges that Sepracor, Inc.’s advertisements and website related to its Lunesta sleep product has copied several aspects of Tharos’ product, NYTEX™ sleep supplement, including identical butterfly designs causing confusion to consumers and irreparable damage to Tharos.
“This is noticeably unfair business practice, in addition to probable infringement. As a result, we have filed an action for trademark infringement in violation of the Lanham Act. Our federally registered butterfly trademark and NYTEX trademark sleep supplement will be protected. Since Sepracor apparently did not want to comply with our request to cease and desist on a violating marketing and advertising campaign, and since it failed to respond, we filed a lawsuit,” said Dr. Nikos M. Linardakis, President and CEO of Tharos Laboratories. “We have taken the preliminary steps to put an end to this activity. Our position is to protect our company’s intellectual properties, which include its federally registered trademarks.”
Tharos Laboratories, Inc. will protect its intellectual property to the fullest extent. In its complaint, Tharos Laboratories has claimed ownership of the federally registered trademark for NYTEX and its butterfly. Furthermore, Tharos is seeking damages from Sepracor for utilizing Tharos’ unique butterfly design in a marketing and advertising campaign for a similar product. Tharos has alleged and believes that Sepracor is attempting to trade off the good will of Tharos and its registered trademarks by utilizing a confusingly similar design in connection with a similar product in a similar marketplace and to a similar consumer.
“Tharos Labs will also pursue compensation for damages in excess of $1,000,000 for alleged trademark infringement and unfair competition. In our evaluation, Sepracor’s use of the Tharos mark for the butterfly was willful. Finally, we are requesting a permanent injunctive relief under Section 34(a). This includes the broad provision restraining Sepracor from unfairly competing with Tharos in any manner whatsoever.” Confirms Nikos Linardakis, M.D., also known as America’s Natural Sleep Doctor, and a physician member of the American Academy of Sleep Medicine.
Tharos Laboratories, Inc. is an international pharmaceutical ingredient and nutraceutical company focused on isolating, extracting, purifying and concentrating commercially standardized dosages of naturally occurring phytochemical compounds. Using a patented extraction process, high-grade phytochemicals are isolated from fruits and plants (such as raspberries, blueberries, and other fruits) grown by top quality producers. The company’s current product line includes NYTEX™ sleep supplement which contains the patent-protected antioxidant Procidin®. Tharos Laboratories’ company motto is “Strength from Nature. Endorsed by Science.TM”
NYTEX and PROCIDIN are trademarks of Tharos Laboratories, Inc. All other names and trademarks are the property of their respective owners.
The suit was filed in the United States District Court, District of Utah, Salt Lake City Division, (Case No. 2:06CV00757). Interested parties or parties who may have information they would like to share about this suit should contact Rakesh Amin, attorney with Amin Law at 312-466-1033.
For more company or product information please contact Tharos Laboratories at 774-219-6619, log onto www.TharosLabs.com, www.BuyNYTEX.com, www.NYTEX.info and/or www.HeartDefense.info.
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